Criminal News

New Jersey Criminal Lawyers Schwartz Posnock

Gunnison Beach at Sandy Hook is part of the Gateway National Recreation Area. Although located in New Jersey, Sandy Hook is federal land managed by the National Park Service. Gunnison Beach is New Jersey’s only legal nude beach.

If you are charged with an offense at Sandy Hook, such as lewdness, possession of narcotics, driving under the influence, speeding, or reckless driving, your case will be heard in Federal Court in Newark, New Jersey.

NEW JERSEY CRIMINAL LAW UPDATE: VIDEO CAMERAS NOW REQUIRED IN ALL POLICE VEHICLES

New Jersey Criminal Lawyers Schwartz Posnock

Recent police shootings and allegations of brutality and excessive force by law enforcement have given rise to a demand that police-citizen encounters be contemporaneously video recorded. The New Jersey Legislature has met this challenge, and, on March 12, 2015, all police vehicles in the State of New Jersey will be required to have mobile video recording systems.

Arrests Not Resulting in Conviction May No Longer Be Considered in Determining Eligibility for New Jersey’s Pretrial Intervention (PTI) Criminal Diversion Program

New Jersey Criminal Lawyers Schwartz Posnock

In a unanimous ruling on January 8, 2015, the New Jersey Supreme Court held that an individual’s prior dismissed adult criminal and juvenile charges do not form the basis to deny a defendant’s acceptance into the pretrial intervention program (PTI). The Court stated that the use of such dismissed charges amounted to an impermissible inference of guilt.

New Jersey Criminal Lawyers Schwartz Posnock

In a case decided on December 17, 2014, State v. Jaffe, the New Jersey Supreme Court definitively ruled that relevant post-conviction conduct must be considered by the sentencing court in determining whether or not a New Jersey criminal defendant must serve time in jail or prison.

In Jaffe, the defendant, by way of a negotiated agreement, entered a guilty plea to conspiracy to possess cocaine with intent to distribute. As part of his plea, he agreed to cooperate with the prosecution of his co-defendants. In exchange, the prosecutor agreed to recommend a three-year prison term and agreed that the defendant could request probation or a county jail sentence.

A CONDITIONAL DISMISSAL IN THE NJ MUNICIPAL COURT WILL KEEP YOU FROM HAVING A CRIMINAL RECORD

New Jersey Criminal Lawyers Schwartz Posnock

Have you been charged with a disorderly persons offense in the New Jersey Municipal Courts? If so, you may qualify for new conditional dismissal program. Entry into and successful completion of this program will lead to a dismissal of your criminal charges.

Requirements for the program are that (1) you have not been previously convicted of any petty
disorderly persons offense, disorderly persons offense or crime and (2) you have not
previously participated in the conditional discharge, conditional dismissal, or PTI
programs. Certain offenses are ineligible to be considered for the conditional dismissal program, such as offenses involving domestic violence or driving under the influence of alcohol. Municipal Court drug offenses are also excluded, as they are eligible for diversion under the conditional discharge statute.

No Hearing Necessary to Contest Rejection from the New Jersey Pretrial Intervention (“PTI”) Program

New Jersey Criminal Lawyers Schwartz Posnock

In State v. Lee, decided by the New Jersey Appellate Division on October 27, 2014, the defendant applied for admission to the pretrial intervention (“PTI”) program after he was charged with aggravated assault on a police officer and resisting arrest. His application was accepted by the Essex County PTI program director, but rejected by the Essex County Prosecutor’s Office. The trial court returned the matter to the prosecutor for reconsideration, but Mr. Lee’s application was again rejected. In doing so, the State provided additional reasons why they had denied Mr. Lee’s application. The judge ultimately found in favor of the State and upheld the denial of PTI. No testimonial hearing was conducted.

The Financial Crimes Enforcement Network Issues an Important Ruling for Currency Transporters

New Jersey Criminal Lawyers Schwartz Posnock

The Financial Crimes Enforcement Network (“FinCEN”) has issued an administrative ruling to clarify the application of the FinCEN regulations to certain persons involved in transporting currency. The upshot of the Ruling is that “Currency Transporters” who engage in transactions that are not covered by an exemption from money transactions have the same regulatory obligations as other money transmitters.

New Jersey Criminal Lawyers Schwartz Posnock

As the 2014 music season at the PNC Arts Center concludes, concertgoers should be aware that the New Jersey State Police will deploy undercover officers at upcoming events, including Drake v. Lil Wayne; Kings of Leon; Motley Crue, and Tom Petty and the Heartbreakers. The undercover officers seek to arrest concertgoers for drug possession and distribution, disorderly conduct, driving under the influence of alcohol and drugs, and underage drinking, the staples of PNC Arts Center criminal cases.

New Jersey Criminal Lawyers Schwartz Posnock

With the Summer of 2014 winding down, the U.S. Park Rangers at Gunnison Beach in Sandy Hook National Recreation Area will be out in force, arresting beachgoers for suspected lewdness, disorderly conduct, as well as drug use and possession. Unfortunately, most Gunnison beach lovers do not realize that if they are arrested at Sandy Hook they face federal criminal charges. If you are charged with an offense occurring at Gunnison Beach or anywhere on the Sandy Hook Recreation Area, that offense will be prosecuted in the United States District Court in Newark, before Federal Magistrate Anthony Mautone.

Defense of PNC Arts Center Criminal Charges in the New Jersey Municipal and State Courts

New Jersey Criminal Lawyers Schwartz Posnock

Summer is in full swing, and the New Jersey State Police are actively conducting surveillance and making arrests at the PNC Arts Center in Holmdel, Monmouth County. Several upcoming concerts are certain to draw an increased police presence, including the Vans Warped Tour, Kiss and Def Leppard, Wiz Khalifa and Tyga, the Carnivores Tour, including Linkin Park, and Kings of Leon. Undercover officers will attempt to make a direct buy of drugs in one of the parking lots and on the performance grounds. LSD, ecstasy and marijuana possession arrests are common. Underage possession of alcohol is also a target offense at PNC concert events, where tailgating is prevalent. Arrests at the Arts Center for small amounts of marijuana or other drugs, possession of drug paraphernalia, and underage possession of alcohol are common, as are arrests for disorderly conduct, resisting arrest, public intoxication, public urination, and hindering police activity. These cases are usually prosecuted in the Holmdel Township Municipal Court, although more serious cases are sent to the Monmouth County Superior Court in Freehold, New Jersey for consideration for presentation to a grand jury for possible indictment.